Madras High CourtWP(MD)/4715/2017disposed of

Shanmugam, v. The General Manager

2017-03-21Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).Nos.4715 of 2017 Shanmugam ..Petitioner Vs.

1. The General Manager, Tamilnadu State Transport Corporation Ltd., Trichy District.

2. The Managing Director, Tamilnadu State Transport Corporation Ltd., Kumbakonam, Thanjavur District. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to release the petitioner's retirement benefits based on the petitioner's representation dated 16.02.2017, apart from the amount with held by the respondent within time frame as may be fixed by this Court.

For Petitioner : Mr.S.Rajaprabu For Respondent : Mr.D.Sivaraman, Standing Counsel.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the 2nd respondent to release the petitioner's retirement benefits based on the petitioner's representation dated 16.02.2017, apart from the amount withheld by the respondent within the stipulated time.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

3. Mr.D.Sivaraman, learned Standing counsel, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a direction to the second respondent to release the petitioner's retirement benefits, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the second respondent to consider the representation of the petitioner, dated 16.02.2017.

5. Considering the request of the Writ petitioner and the nature of the case, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The second respondent is directed to consider the representation of the petitioner, dated 16.02.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a representation to The Administrator, Tamilnadu State Transport Corporation Ltd., Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2 and on such representation, the said Authority also will consider the representation of the petitioner regarding pension."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To

1. The General Manager, Tamilnadu State Transport Corporation Ltd., Trichy District.

2. The Managing Director, Tamilnadu State Transport Corporation Ltd., Kumbakonam, Thanjavur District.

+1 CC TO MR.D.SIVARAMAN,ADVOCATE,SR NO.16394 +1 CC TO MR.S.RAJAPRABU,ADVOCATE,SR NO.16233 pmu MAS/RR/SAR3:05.04.2017:2P-5C ORDER MADE IN W.P.(MD).Nos.4715 of 2017 21.03.2017

21.03.2017